Westmoreland County, VA - Will of John Washington, Wm. and Mary Qrtly., Vol. 13, No. 3 Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Will of John Washington William and Mary College Quarterly Historical Magazine, Vol. 13, No. 3 (Jan., 1905), pp. 145-148. Page 145 WILLIAM AND MARY COLLEGE QUARTERLY HISTORICAL MAGAZINE VOL. XIII. JANUARY, 1905 NO. 3 WILL OF JOHN WASHINGTON. COMMUNICATED. We give a copy of the will of John Washington, the brother of Lawrence and son of the emigrant John, recently copied from the State Department, Washington, D. C. Naturally, frequent mention has been made of the will of Lawrence, being General Washington's direct line, but very little mention has been made of wills of the line of John, his brother. This will of John is most interesting, and forms, with the wills of Henry and the Bailys, the perfect link of wills back to the emigrant, John, of this branch of the family, whose several members have achieved great distinction in our country's history.* All claimed Virginia as their native State. Col. William Washington, while closely identified with South Carolina, his adopted State, where many of his great battles were fought, was born in Stafford county, Va. Early in life he entered our country's service and became renowned as "the great cavalry leader of the Revolution." He it was who personally engaged the proud Tarleton, and whose triumphant little flag was known as "Tarleton's Terror." A portrait of Colonel Washington has recently been presented to the Mount Vernon Association by three of his great nieces and three great-grandnieces, and hangs in the banquet hall of that historic home; beneath the protrait a copy of his famous flag. He father was Baily, who married Catharine Storke, pronounced Stark; his grandfather was Henry; his great-grandfather John. Col. John M. Washington, his nephew, also of this line, made a most brilliant record for his country's history in our war with Mexico. His premature death, on board the ill-fated San Francisco, was most deeply mourned _________________________________________________________ *See Hayden, Virginia Genealogies, 517-522 for will of Henry Washington, and Washington pedigree. Page 146. throughout our country. Virginia had no brighter stars in all her history than these two distinguished Washingtons, and while no monument has been erected to their memory, their deeds of valor in our country's service will forever live in the hearts of their countryment who read from history of their modest worth. Dr. Baily Washington was a brother of Col. John M. Washington, and was given a medal by Congress for meritorious conduct during the engagement between the Enterprise and Boxer in the war of 1812. He was at the time of his death the oldest surgeon in our navy. Thus have three Washingtons of this line served with distinction in three wars of our country's history. WILL OF JOHN WASHINGTON. In the Name of God Amen, this 22d day of January, in the year of our Lord 1697-8 & in the ninth year of the reign of our sovereign Lord King William, I, John Washington, of Washington psh, in the County of Westmld., and being sick and weak of body, but of perfect mind and memory, thanks be given to God therefor, calling into mind the mortality of my body, and knowing it is appoynted for all (mutilated) ce to dye, doe make & ordain (mutilated) my last will and testament in manner and form following, that is (mutilated) First and principally, I give my soul unto ye hands of God who gave it me, & for my body I commend it to the earth to be buried in a Christian and decent manner in ye burying place on ye plan (mutilated) where I now live, by my father, mother and brothers, never doubting but at the general resurrection I shall receive ye same again by the mighty power of God, and as touching su (mutilated) it hath pleased God to bless me with (mutilated) this life, I give, devise, bequeath and dispose ye same in man (mutilated) form following. First, I give and bequeath unto my well beloved (mutilated) Ann Washington the plantacon I now dwell on at Appomattox during her natural life. Item, I give and bequeath to my eldest son Law. Washington that tract of land which I bought of Mr. Francis Dade, commonly called Barnets Quater, it lyes on upper Machotickes, in Stafford County, I give it to my sd. son and his heirs forever. Item, I give to my son, John Washington, that tract of land which I now live on after the decease of my sd. wife to him and his heirs forever, but if it please God that my sd. son John should die before my said wife, then I give the said tract to my son Lawrence Washington, to him and his heirs forever, and if both my sons John and Lawr should die before my sd, wife, or without issue of their bodies lawfully begotten, then I give it to my son Nathaniel, to him and his heirs forever, and if my three sons Lawr, John and Nathl. should die before my said wife, or without issue lawfully begotten of their bodies, then I give the sd. tract to my son Henry Washington, to him and his (heirs) forever, and if it Page 147. please God that all my four sons should die before my sd. wife, or without issue of their bodies lawfully begotten, the I give to the next heir at law, to him and his heirs forever. Item, I give to my son John Washington that tract of land lying on Pope's Creek wch Joh Llewelling now lives on, to him and his heirs forever. Item, I give to my son, Nathl. Washington, that tract of land which lies at ye head of Appomattox Creek, which Anthony Rawlins, Joseph Smith and John Betts now lives on, to him and his heirs forever. Item, I give to my son, Henry Washington, that tract of land which was between me and Robert Richards, John Whitcraft lives now on part of it, which is in Stafford County, on the dam site, where the head of Machotic makes, I give it to my sd. son and his heirs forever. Item, It is my will that if my son Law. should die without issue of his body lawfully begotten, or before he arrives to the age of twenty-one years, that then my son John Washington have the tract of land which I bought of Mr. Francis Dade, called Barnetts Quater, to him and his heirs forever. Item, It is my will that if my son John Washington should die before he come to the age of twenty-one years, or without issue of his body lawfully begotten, that then I give to my son Law. the tract of land that I now live on after my wife's decease, to him, to his heirs forever, and I give that tract of land on Pope's Creek that John Llewelling lives on to my son Nathaniel Washington, to him and his heirs forever. Item, It is my will that if my son Nathl. Washington should die without issue of his body lawfully begotten, or before he arrives to the age of twenty-one years, that then I give to my son Jno. Washington that tract of land at the head of Appomattox Creek which Anthony Rawlins and Jos: Smith and John Betts lives on, to him and his heirs forever. Item, It is my will that if any three of my aforesaid sons should die without issue of their bodies lawfully begotten, or before they arrive to the age of twenty-one years, that then all the aforementioned land I give to that son who is living, and if it please God that they should all die without issue of their bodies lawfully begotten, or before they arrive to the age of twenty-one years, or if I have no more issue, that then I give to my wife those two tracts of land that lyes in Stafford County, to her and her heirs forever, the three other tracts to be divided between what children it may please God to send my brother; if he have but one I give it to him or her; if more, the eldest son to have his choice of the tracts, the next eldest his next choice if two sons, if it be a daughter that she have her choice after her brother, them and their heirs forever. Item, It is my will that all my psonl estate in generall be equally divided into five parts, and that my wife have her first choice, and my son Lawrence the next, my son John the next, my son Nathl. the next, and my son Henry the other. Item, It is my will that if (it) please God any of my sons should die without issue of their bodies lawfully begotten, or before they arrive to the age of twenty-one years, that then his part of the psonall estate be divided between my wife and the other three sons living, and if it please God that three of my sons should die without issue of their bodies lawfully begotten before they arrive at the age of twenty-one years, that then the Page 148. psonall estate be equally divided between my wife and that son that is living, and if (it) please God that if all my sd. sons should die without issue of their bodies lawfully begotten before they arrive at the age of twenty-one years, that then my psonall estate be divided equally between my wife Ann Washington and my brother's children. Item, it is my will that my brother (some words appear to be left out) and tuition of my son Lawr Washington, and that my sd. brother have the keeping of my sd. son's estate, &c., of this my last (will) and testamt, and I make and ordain my well beloved brother, Capt. Lawrence Washington, and my beloved wife, Ann Washington, my full and whole excr and executrix, and I do hereby utterly disallow, revoke and annul all and every other former testamt, wills, legacies, bequests, and Exs. by me in anywise before this time named, willed and bequested, ratifying and confirming this and none other to be my last will testamt. Item it is also my will that Mrs. Elizabeth Hardid (mutilated) have my watch that was given to me by Captain Wm. Hardidg's will. Item, it is my will that my beloved God son John Dudlstone have a gold signet which was given me by his father on his death bed. Item, it is my will that my beloved brother, Captain Lawe Washington have my wearing rings. It witness whereof I have hereunto set my hand and seal this day and year as aforesaid. JOHN WASHINGTON. (Seal.) Signed, sealed, published, pronounced and declared by the sd. John Washington as his last will and testament in the presence of John Scott, A. Webster, Thos. Howes, Peter Hyatt. At a Court for Westmd County the 23rd day of ffebry, 1697 The above will was duly proved and probat thereof granted the Execrs. therein named and ordered to be recorded. Recordat: 5 May, 1697 pr. J. A. Westcomb Cle Com. Pr Cur Recordat 5 May, 1697.